Hi all,
I have resigned from an IT company after working for a year. I followed the official process by resigning from the company's portal, and my resignation was accepted by HR. During a conversation with HR, I was asked to serve a notice period of one month. I explained that I wouldn't be able to serve the notice period and requested that they not process my payment for it. However, they did not agree and instead sent me an email informing me that they would treat my case as absconding.
I am unsure if this situation constitutes absconding. Can you please help clarify if this is a case of absconding and whether serving the notice period is necessary? Many of my colleagues have also resigned without serving their notice periods.
Thank you for your assistance.
From India, Patna
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I have resigned from an IT company after working for a year. I followed the official process by resigning from the company's portal, and my resignation was accepted by HR. During a conversation with HR, I was asked to serve a notice period of one month. I explained that I wouldn't be able to serve the notice period and requested that they not process my payment for it. However, they did not agree and instead sent me an email informing me that they would treat my case as absconding.
I am unsure if this situation constitutes absconding. Can you please help clarify if this is a case of absconding and whether serving the notice period is necessary? Many of my colleagues have also resigned without serving their notice periods.
Thank you for your assistance.
From India, Patna
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Abscondence from service is also unauthorized absence but with the only difference of the absentee remaining incommunicado in the former.
Coming to the case of the poster, his resignation would have been accepted subject to the condition of serving his notice period of one month. Resignation will take effect only from the date of formal relief of the resignee from his job. It is not just like a resignee can simply walk away after acceptance of his resignation. No bad precedent can justify such an act for the commencement, continuance, and conclusion of a contract of employment are matters subject to the conditions already stipulated therein.
It is quite unfortunate that such questions on the legal consequence of sudden resignations skipping the notice conditions are very often raised by exiting employees in this forum. Such people, in my humble opinion, have scanty regard for the rules and regulations of organized employment in general and the administrative difficulties likely to be faced by the employers in particular. When the notice period is such a shorter duration as one month, why not they obtain sufficient joining time from the prospective employer, serve the notice period sincerely, and make the separation smooth and peaceful to both? Buy-out is an option only to meet urgent situations like sudden and serious illness of the resignee or other family commitments like marriage that require immediate shifting of the place of residence or personal commitments like joining a course of study. Hence, it cannot be insisted as a matter of right.
Being considerate is certainly a very noble and essential quality expected from all in social relationships.
From India, Salem
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6185Coming to the case of the poster, his resignation would have been accepted subject to the condition of serving his notice period of one month. Resignation will take effect only from the date of formal relief of the resignee from his job. It is not just like a resignee can simply walk away after acceptance of his resignation. No bad precedent can justify such an act for the commencement, continuance, and conclusion of a contract of employment are matters subject to the conditions already stipulated therein.
It is quite unfortunate that such questions on the legal consequence of sudden resignations skipping the notice conditions are very often raised by exiting employees in this forum. Such people, in my humble opinion, have scanty regard for the rules and regulations of organized employment in general and the administrative difficulties likely to be faced by the employers in particular. When the notice period is such a shorter duration as one month, why not they obtain sufficient joining time from the prospective employer, serve the notice period sincerely, and make the separation smooth and peaceful to both? Buy-out is an option only to meet urgent situations like sudden and serious illness of the resignee or other family commitments like marriage that require immediate shifting of the place of residence or personal commitments like joining a course of study. Hence, it cannot be insisted as a matter of right.
Being considerate is certainly a very noble and essential quality expected from all in social relationships.
From India, Salem
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I remember in earlier days, if a resignation letter is submitted, the first thing the boss communicates with the resignee is to find a suitable replacement and train them before the date of exit. Naturally, the responsibility falls onto the shoulders of the resignee to work for a month or more, induct a suitable candidate, and ensure a smooth handover/takeover process, reporting to the boss. Only then will the boss sign the relieving letter and other certificates.
From India, Aizawl
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From India, Aizawl
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